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Draft Law for Popular Initiative on the Right to Access Safe Food Products

Draft Law for Popular Initiative on the Right to Access Safe Food Products


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By Manuel Ludueña

The Initiative is framed within the areas of competence of the Legislature of the Autonomous City of Buenos Aires and aims to constitute the regulatory framework for equitable access of all city inhabitants to safe food products and to tend to the classification of conductive behaviors .

Mr General Director of Management and Citizen Participation
of the Legislature of the Autonomous City of Buenos Aires
Ing. Emilio Ribera
S / D

Ref: Draft Law for Popular Initiative on the Right to Access Safe Food Products

Of our most consideration:

The undersigned, citizens and members of non-governmental organizations of the GMO Alert Network, are writing to that Legislature in order to present and request the beginning of the procedure for the Bill for the Popular Initiative on the Right to Access Products Safe Food in accordance with the guarantees provided by article 64 of the City Constitution and the due procedure established by Law 40.

The Initiative, we understand, is framed within the matters of competence of the Legislature of the Autonomous City of Buenos Aires and seeks to constitute the regulatory framework for equitable access of all city inhabitants to safe food products and to tend to the classification of conductive behaviors.

Text of the Bill for Popular Initiative

The text of the Popular Initiative, articulated in the form of a Law with the general and scientific foundations that motivate the Project, has as its main objective to prevent irreparable damage to our health and that of our descendants, in accordance with the following text to be incorporated into the forms for the collection of signatures:

Article 1. Right to Access Safe Food Products

The City guarantees and safeguards the right of all people to have access to safe food products that do not harm or harm their health or that of their descendants. No one may be the object of disinformation or discrimination due to the type of food products that are supplied. All emergency food aid must be culturally appropriate and take into account the consumption habits and nutritional needs of the beneficiaries.

Article 2. Obligation to Inform the Population about any Genetic Modification Contained by Substances in Food Products

All public dissemination or in exhibition of sale of food products for human or animal consumption that at the time of their commercialization in the Autonomous City of Buenos Aires contain in their composition substances from transgenics or genetically modified organisms (GMOs) must have, in a clear way and precise, the information of "Genetically Modified Product", "Contains Genetically Modified Organisms" or "Food Resulting from Genetically Modified Organisms".

Article 3. Application Authority

Within 60 (sixty) days after the enactment of this Law, the City Government will designate the Enforcement Authority, regulate the necessary, appropriate, transparent, reliable and timely information about food products and production procedures, and will establish the regime of responsibilities and appropriate sanctions for food producers, sellers and / or marketers, whether they are natural or legal persons, public or private that do not comply with the conditions imposed by articles 1 and 2 of this Law. It will establish the mechanisms of dispute resolution that protect the rights of potentially affected parties.

4th Article. Healthy Eating Diet

The City Government will develop a health and education program on safe eating with a public awareness campaign to guide the adoption of a healthy diet, with emphasis on the population at risk and school and community cafeterias. General Fundamentals Considering that:

  • The Constitution of the Argentine Nation exercises the minimum budgets in matters of environmental protection and empowers the Provincial States to adopt the appropriate precautions (art. 28 °),
  • The lack of regulation so that the population has adequate information about the substances that make up consumer food, and
  • The misinformation that large business groups develop regarding diet

So as that:

  • The City in a non-delegable way regulates the production and management of technologies, methods, substances, residues and waste, which carry risk (art. 27º CABA),
  • The City exercises its non-delegable function of sanitary authority and regulates, enables, supervises and controls the entire circuit of production, commercialization and consumption of food products (art. 22º CABA),
  • The City protects the health, safety and assets of consumers and users, ensuring equitable treatment, freedom of choice and access to transparent, adequate, truthful and timely information, as well as exercising the power of the police in matters of consumption by all consumers. goods and services marketed in the City, especially in food safety (art.46º CABA).

In addition, the Popular Initiative Project on the Right to Access Safe Food Products has as reasons:

1. The right to food is the first of all basic needs. In the world about 40,000 people, mainly children, die every day from malnutrition and associated diseases despite the call made by governments at international conferences to eliminate hunger and malnutrition. In 1995, 117 government representatives pledged in the Copenhagen Declaration on Social Development to reduce severe and moderate malnutrition in children under 5 years of age, to half the level existing in 1990. Additionally, they made a commitment to "achieve food security, ensuring the availability of nutritionally adequate and safe food according to national and international levels, a reasonable degree of stability in the food supply, as well as physical, social and economic access to food for all ".

2. Today the population consumes a lot of food without sufficient protection, since the adequate regulatory instruments are lacking. Likewise, the national authorities do not adopt the necessary preventive safeguards or ensure access to appropriate information on the foods that consumers use. This concern is accentuated when verifying that various institutions and companies, protected by the existing deregulation in this matter and the lack of scientific information and dissemination of the same by the public powers to the community, develop campaigns that misinform and use good faith and extreme needs suffered by many of our brothers in pursuit of achieving quick profits, monopolizing the food market and limiting all possibilities by tending to an economically, environmentally and socially sustainable rural development model.

3. Likewise, and in accordance with the Conclusions of the recent National Forum of Nutritionists, we maintain that malnutrition, as well as malnutrition, not only leaves biological, but also moral and spiritual consequences and that it is necessary to recover the symbolic meaning of the exchange that they have food within the framework of values ​​such as identity, solidarity and cooperation. 4. For this reason, the Transgenic Alert Network proposes to promote a Bill by Popular Initiative to establish a regulatory framework for equitable access for all city residents to safe food products, as well as to classify conductive behaviors that address:

  • Equal access for all inhabitants to safe food products.
  • Non-discrimination for the food diet that is provided to any inhabitant, regardless of food plans in a state of emergency.
  • Adopt an appropriate identification so that consumers can know if the genetic characteristics of the foods that consumers buy have been modified, so that they can choose and consent with information.
  • Guide the population to adopt a healthy food diet, especially for the population at risk, that is, those under five years of age, the elderly, sick, pregnant and allergic.

Sent by: Manuel Ludueña
Note: The Scientific Foundations of the Project, you can see them on the page.


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